437 U.S. 556 (1978) Cited 195 times 12 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
In Snell Island SNF LLC v. National Labor Relations Board, 568 F.3d 410 (2d Cir. 2009), we held that two Board members may exercise the Board's authority in such circumstances as a quorum of a three-member delegate group, overridden that holding in New Process Steel, L.P. v. National Labor Relations Board, ___ U.S. ___, 130 S.Ct. 2635, ___ L.Ed.2d ___, 2010 WL 2400089 (2010).
In New Process Steel, L.P. v. NLRB, 564 F.3d 840 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit concluded that a two-member panel of the NLRB — the same panel that adjudicated the instant case — "had authority to hear the labor dispute," id. at 848.
In Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), the court held that, "[t]he Board's delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of section 3(b)."